The Texas Supreme Court issued its latest school financing opinion today. Justice Hecht wrote for the majority while Justice Brister dissented. Technorati Tags: litigation, Texas Supreme Court, law

Continue reading...

This morning, the Texas Supreme Court issued two opinions. One explains the application of the voluntary payment rule in Texas, and the other explains the procedure by which one can appeal a small claims court judgment in Texas. Both probably warrant additional discussion on this blog, but we probably will not be able to get to it today. However, I wanted to alert readers to the opinions, in the event that someone has a case pending in which the

Continue reading...

By Rick Freeman In a recent article herein, Karl and Rob discussed the recent opinion by the Texas Supreme Court – In re Weekley Homes, L.P. In that decision the Texas Supreme Court compelled a non-signatory to a contract to submit her personal injury claim to arbitration pursuant to the home purchase contract. Basically, the Court says that if you gain benefits from the contract, you are subject to the contract’s arbitration clause. To quo

Continue reading...

The Texas Supreme Court issued a per curiam opinion this morning reversing the Fourteenth Court of Appeals and a trial court, both of which had previously denied a special appearance in a suit involving the alleged wrongful denial of insurance claims. The Court held that the district court could not properly exercise specific personal jurisdiction over Commonwealth General Corporation (“CNC”) just because CNC was the sole shareholder

Continue reading...

The Third Court of Appeals issued three opinions this morning. The first, which came from a case against the City of San Angelo Fire Department, explains an affirmative defense to the Texas Tort Claims Act’s waiver of sovereign immunity for claims involving the use of a motor vehicle. While sovereign immunity is usually waived in Texas in cases where a governmental employee negligently operates a motor vehicle, there is no waiver in cases w

Continue reading...